Dedicated to the need for basic change in the structure of our political and economic system, we seek to unite the lawyers, law students, legal workers and jailhouse lawyers of America, to function as an effective political and social force in the service of the people, to the end that human rights shall be regarded as more sacred than property interests.

Spring 2010 Newsletter: Chapter Joins Public Education Struggle

Student protests gained steam last year as budget cuts started to hit home on public university campuses. The austerity plan of school officials leaned towards cuts like eliminating courses, laying off lecturers and staff, and pay cuts through job furloughs. In November 2009, the UC Regents agreed to raise tuition 32 percent on top of the increase that was already made earlier that year. There were also plans to enroll more out-of-state students (who pay higher tuition).

In response, a statewide student social movement erupted through sit-ins, rallies, study-ins and events. At UC Davis, students occupied the administrative building Mrak Hall, where 52 were arrested; in San Francisco students occupied a SF State University building, resulting in 33 arrests; at UC Berkeley, three different actions resulted in over 100 arrests. By March 4 of this year, protests spread far beyond university campuses as thousands took to the streets in Oakland, San Francisco, Santa Cruz, Davis and multiple other locations. Charges were generally misdemeanors or infractions, though there have been some felony charges. Most of the 2009 cases were not pursued by prosecutors.

Reporting on the defendants from a San Francisco State protest, NLGSF board member Tim Phillips stated: "the prosecutor did not file any charges against the arrestees facing misdemeanor charges. Two of the arrestees facing traffic citations have a first appearance scheduled in traffic court in late April. It is our hope that their charges will also be dismissed."

Building occupations were particularly dramatic at UC Berkeley, where students occupied Wheeler Hall twice, first as a day-long occupation and then again as part of what they called "Live Week," (in contrast to what the week is often referred to – "dead week" – when students have a week off from classes to prepare for final exams). Students said that this time they were appropriating the building for educational purposes rather than occupying it. After a week, police raided the building before dawn arresting dozens of people inside without any warnings to disperse. Later that night, activists converged at a previously scheduled concert by the Coup's, Boots Riley, among others. The show ended, reportedly, due to the police patrolling at the event. In reaction to the day's events, a group of protestors marched from the show and rallied outside of Chancellor Robert Birgeneau's on-campus home mansion. While details are unclear, some of the activists allegedly caused some property damage, prompting Governor Arnold Schwarzenegger, to denounce their acts as a "type of terrorism."

John Viola, a criminal defense NLGSF attorney and co-chair of the Demonstrations Committee represented the Wheeler Hall arrestees and stated, "Wheeler Hall was a non-violent protest and the people from Friday were upset; therefore, they were responding to mass police violence."

Viola stated that although eight were arrested for felony crimes near the chancellor's mansion, no one was ultimately charged by the Alameda County District Attorney; however, investigations are ongoing and prosecutors have up to a year to press charges against these individuals. Indeed, only one UC Berkeley student from the several actions has had misdemeanor charges pressed against him; NLGSF Demonstrations Committee attorneys have offered representation, and the matter is set for pretrial hearing in the coming month.

"It's the support NLG has given the students and communities that is empowering us to take direct action and without support from the NLG, we would be less confident and have a lot of harsher charges," said student activist Aaron Buchbinder.